Court of Appeals Decision List
Decided February 15, 2005
Cases
Andrew Greenberg, Inc., Appellant, v. Sir-Tech Software, Inc., et al., Defendants, Sir-Tech Canada, Ltd., et al., Respondents.	Order reversed, with costs, and order of Supreme Court, Sullivan County, reinstated. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Read and Smith concur. Judge Graffeo took no part.
The People &c., Respondent, v. Anthony Barnwell, Appellant.	Order reversed and case remitted to Supreme Court, Monroe County, for further proceedings in accordance with the opinion herein. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Leonard J. Levenson, et al., Respondents, v. Jonathan Lippman, &c., et al., Appellants.	Order reversed, with costs, and judgment of Supreme Court, New York County, reinstated. Opinion Per Curiam. Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur, Judge Rosenblatt in a separate concurring opinion. Chief Judge Kaye took no part.
New York Civil Liberties Union, et al., Appellants, v. The State of New York, et al., Respondents.	Order affirmed, without costs. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt and Graffeo concur. Judges Read and R.S. Smith concur only in result.
The People &c., Respondent, v. Bernard Pitts, Appellant.	Order affirmed. Opinion by Judge G.B. Smith. Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Tomaz Mendes Regatos, Respondent, v. North Fork Bank and New Commercial Bank of New York, Appellants, North Fork Bancorporation, Defendant.	Certification of questions by the United States Court of Appeals for the Second Circuit, pursuant to section 500.17 of this Court's Rules of Practice, accepted and the issues presented are to be considered after briefing and argument. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
The People &c., Respondent, v. Victor T. Thomas, Appellant.	Order affirmed. Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Read and Smith concur.
Motions
In the Matter of Andrea A., et al., Alleged to be Abandoned Children. Broome County Department of Social Services, Respondent; William B., Appellant.	Motion for leave to appeal denied.
Catherine Beck, Appellant, v. J.J.A. Holding Corp., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Lori Bon, Appellant, v. Howard Safir, &c., et al., Respondents.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
In the Matter of Mary Lou Carroll, Appellant, v. Barbara Brennan, Inc., Respondent. Workers' Compensation Board, Respondent.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
Dark Bay International, Ltd., Appellant, v. Acquavella Galleries, Inc., Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Derek A. Deal, Appellant, v. Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.	Motion for reconsideration of this Court's October 19, 2004 dismissal order denied.
In the Matter of Troy Treyshawn J. F., &c. --------------------------------- Episcopal Social Services, Respondent, Carl D., Appellant.	Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that dismissed the appeal from the Family Court order denying appellant's motion to vacate a prior order of that court, dismissed upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.
Hannah Fine, Respondent, v. Lawrence Fine, Appellant.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
In the Matter of Glen Island Care Center, Appellant, v. Antonia Novello, &c., et al., Respondents.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Shawnqueia Hall, Appellant, v. Gala Trade 2000 Ltd., et al., Respondents.	Motion for leave to appeal denied.
In the Matter of Rogers Hicks, Appellant, v. Kenneth A. Schoetz, Erie County Attorney, et al., Respondents.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
In the Matter of Edward G. Hill, Appellant, v. Melinda Hillenbrand, Respondent.	Motion for leave to appeal denied.
Interweb, Inc., Appellant, v. iPayment, Inc., Respondent.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
In the Matter of Jefferson County Department of Social Services o/b/o Helen L. H., Respondent, v. Mark L.O., Appellant.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
K. Anonymous, Appellant, v. B. Anonymous, Respondent.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that the two-justice dissent is not on a question of law (CPLR 5601[a]).
In the Matter of Shirley Kargoe, Respondent, v. Dennis Mitchell, Appellant.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
In the Matter of John A. Kleinsak, Appellant, v. R.B. Samuels, Inc., et al., Respondents. Workers' Compensation Board, Respondent.	Motion for leave to appeal denied.
John P. Lavin, et al., Appellants, v Joel I. Klein, Chancellor of the New York City Department of Education, et al., Respondents.	Appeal dismissed without costs, by the Court sua sponte, upon the ground that no substantial constitutional question is directly involved.
The People &c. ex rel. Melvin C. Lewis, Appellant, v. John Burge, as Superintendent of Auburn Correctional Facility, et al., Respondents.	Motion for leave to appeal dismissed upon the ground that this motion for leave to appeal does not lie from the order of the individual Justice of the Appellate Division (see, NY Const, art IV, § 3; CPLR 5602). Motion for poor person relief dismissed as academic.
In the Matter of Christopher D. Lue-Shing, Appellant, v. Brion D. Travis, as Chair of the State Board of Parole, Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
Patricia Mickens, et al., Appellants, v. Anita Parnes LaSala, et al., Respondents, et al., Defendant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of The City of New York, Appellant, v. Brian J. Wing, &c., et al., Respondents.	Motion for leave to appeal denied.
New York Hospital Medical Center of Queens, &c., Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant.	Motion for leave to appeal denied. Motion for a stay dismissed as academic.
Henry Payne, et al., Appellants, v. J & T Properties, a Partnership, Respondent; Kissane Water Conditioning, Inc., Third-Party Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Roscoe Peace, Appellant, v. KRNH, Inc., Respondent.	Motion for leave to appeal denied.
The People &c. ex rel. Bernard Pitts, Appellant, v. Joseph McCoy, Superintendent, Cayuga Correctional Facility, Respondent.	Motion for leave to appeal denied.
Howard Porter, Appellant, v. Annette Porter, Respondent.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]). Motion for poor person relief dismissed as academic.
In the Matter of Eleanore B.R., Respondent, v. Shandy S., Appellant, Angelo S., Respondent. (Proceeding No. 1) --------------------------------- In the Matter of Angelo S., Respondent, v. Eleanore B.R., Respondent, Shandy S., Appellant. (Proceeding No. 2) --------------------------------- In the Matter of Shandy S., Appellant, v. Angelo S., Respondent. (Proceeding No. 3)	Motion for leave to appeal denied.
In the Matter of Spectapark Associates, Respondent, v. City of Albany Department of Assessment and Taxation et al., Appellants, County of Albany, Respondent. (And Another Related Proceeding).	Motion for leave to appeal denied.
David L. Thornton, et al., Respondents-Appellants, v. Shlomo Baron, et al., Defendants, and 390 West End Associates, L.L.C., Appellant-Respondent.	Motion to strike material from appellant- respondent's brief denied.